- (1.) Petitioner was working as Junior Scientist in Birsa Agricultural University, Kanke, Ranchi. Petitioner was charge sheeted on following charges:- 1. Act of Indiscipline Dr. K.S. Mohan was served the transfer letter no. 1077 dated 09.08.2007, which he received on 9th itself and signed the receipt register. Through this letter he was directed to join the duty at Z.R.S., Dumka. After going through the contents of the letter, in afternoon of 10.08.2007, he returned the office orders and struck down his signature from the receipt register of the Directorate of Research. This act amounts to indiscipline and tempering of the official records. 2. Act of disobedience Dr. Mohan was instructed to plan experiment to be conducted during Kharif 2005 as per decision taken during ZREAC Kharif 2005. In review meeting held on 13.08.2005 at Z.R.S., Dumka, it was found that he did not conduct any experiment which amounts to negligence of duty and disobedience. He was asked to submit report for experiments within three days. His reply was unsatisfactory. 3. Willful absence from Duty Dr. Mohan was in habit of willful absence from Headquarter without permission of Associate Director, Z.R.S., Dumka, for which he has been asked explanation, vide 2321 dated 06.06.2005. 4. Misconduct Dr. Mohan accused Dr. G.S. Dubey, Director Research (The-then) for harassing him on the pretext that he was the sole person who spoiled his career by transferring him from Headquarter (Main Campus) to Z.R.S., Dumka by sending S.M.S. on his mobile.
(2.) Petitioner has submitted his reply to the charge sheet and has stated therein that having seen the place of posting i.e. Chianki, he was shocked as to why he was transferred to Chianki. Therefore, he could not join Chianki immediately. He has further stated in his reply to the show cause that he was not able to perform his experiments with Soils due to lack of facilities and malfunctioning of the old instruments. He has further stated that he never left the Headquarter without prior information and he had left the Headquarter for Ranchi only for medical treatment, since, he had to undergo the surgery of his Gall bladder to remove stone. It has further been stated in the reply to the show cause that he was mentally disturbed because of his unnecessary transfer to Chianki, keeping in mind his children's education.
(3.) As per explanation to Clause 13.9(3) of the Statute of the University, for imposing the minor penalties, it would be sufficient, if the officer concerned given an opportunity of explaining the charges against him and the explanation so submitted is taken into consideration before orders are passed and it would be no need to follow the procedure indicated in sub Clause 4 of Clause 13.9.;